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Archive | Categorical Taking

September 30, 2021

Las Vegas Crap Shot Turns into An Inverse Taking

Las Vegas was slammed for its action which prevented a developer from pursuing housing plans on a defunct golf course.  The Clark County District Court held that the City’s actions were tantamount to the City taking the property. Kermitt Waters, Esq., owner’s counsel of America attorney for the State of Nevada represented the plaintiff-developer.  The estimated damages could be as much as $1 billion. According to the Las Vegas Review-Journal (September 30, 2021), efforts to develop the golf course began after EHB purchased the land in 2015.  Plans were opposed… read more

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June 17, 2020

Notice of “Rails to Trails” Constitutes a Taking

On May 29, 2020, the Federal Circuit Court o Appeals issued a decision in Caquelin v U.S., No. 19-1385 (Fed. Cir. 2020), which held that a categorical taking analysis applies to the evaluation of whether a Notice of Intended Trail use constitutes a taking. In the early development of our County, railroads were critical to development.  Development of railroad networks was very important.  So important, that railroads were given the power of eminent domain.  The railroads used the power to negotiate or take easements over private property for the use… read more

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Posted in Categorical Taking, Rails-to-Trails
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